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The Supreme Court has issued notice in the petition(s) against the usage of bulldozer's for razing down properties of those who indulge in violence. The main plea has been filed by Jamiat Ulema I Hind. The organisation has urged the top court to issue appropriate directions to the centre and States that such actions cannot be taken against any accused in any criminal proceedings.
The bench comprising Justice L. Nageswara Rao & Justice BR Gavai added that the status quo on demolitions yesterday with respect to Jahangirpuri will continue.
Senior Advocates Kapil Sibal & Dushyant Dave appeared for the petitioner(s). Both Senior Advocates essentially argued that the demolition drives are being carried out sans any procedure and due process and in order to target the muslim community.
However, when Sibal told Court that "encroachments are a problem in Delhi, but encroachments are now being associated with muslims," Justice Rao said, "Properties of Hindus are being demolished as well". Sibal then said that he does not remember the last time this happened, insisting upon the bench to explain when that happened last.
At this juncture, Solicitor General Tushar Mehta said that the demolitions that have taken place have been carried forward with prior notice and that in fact the drive that took place in Jahangirpuri had begun way back in January.
On the aspect of whether a certain community was targeted, Mehta told Court that the issue which is being debated in Delhi is that of Khargone wherein 88 per cent of demolitions that took place were the homes of hindus and that though he wouldn't like to separate citizens on the basis of religion as the government would not, on account of Jamiat Ulema I Hind's submissions, he is having to do so.
"This is a pattern, every time an action is taken, organisations and certain political spectrums come forward," Mehta added and told Court that no individuals have come forward & that organisations have.
The bench also said that it will take a very serious view of the demolition that took place after the court passed a stay order.
The North Delhi Municipal Corporation had launched a special encroachment removal action program. A senior official of the North Delhi Municipal Corporation wrote to the DCP north-west, apprising that encroachment removal action programme will comprise the PWD, local body, police and several departments of the North corporation.
The assistant commissioner of the Civil Lines Zone of North MCD, in the letter, demanded 400 police personnel to “maintain law and order” during the removal drive on April 19, 20 and 21.
Dushyant Dave had mentioned the case yesterday before a Chief Justice of India led bench and submitted that notice were given for demolition and that the process had begun, despite the authorities being aware that the matter is being mentioned before Supreme Court.
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